SELECTED TOPICS: Photography, Video and Audio Recordings
Photography, video and audio recordings are increasingly ubiquitous with such capabilities being included in more devices...
Photography, video and audio recordings are increasingly ubiquitous with such capabilities being included in more devices...
Among other obligations, the Data Protection Provisions require consent from the individual to be obtained for the purposes of the collection, use or disclosure of his personal data...
The PDPA sets out various exceptions to the Consent Obligation...
The Data Protection Provisions do not prescribe the ways in which consent may be obtained for photo-taking or video recording...
As noted above, consent will generally be required for taking a photograph or video recording of an identifiable individual although consent may be deemed to have been given...
The PDPA does not prescribe the contractual arrangements that organisations may wish to enter into in order to ensure that they comply with their obligations under the PDPA...
In accordance with paragraph 1(g) of the Second Schedule, an organisation is permitted to collect personal data about an individual...
An individual’s submission of a photograph or video recording for a competition is, on its own, insufficient to determine whether he is acting in a personal or domestic capacity...
The PDPA provides that individuals may at any time withdraw any consent given or deemed to have been given under the PDPA for the collection...
The Data Protection Provisions do not affect any right conferred or obligation imposed by or under other laws, including the Copyright Act...
CCTVs are commonly used to capture video recordings, and some of them may also be equipped with audio recording capabilities...
The PDPA requires organisations to inform individuals of the purposes for which their personal data will be collected, used or disclosed in order to obtain their consent...
Notices or other forms of notifications should generally be placed so as to enable individuals to have sufficient awareness that CCTVs have been deployed for a particular purpose...
The PDPA does not prescribe the content of notifications...
The Commission does not require the placement or content of notifications to reveal the exact location of the CCTVs...
The PDPA requires that an organisation consider what a reasonable person would consider appropriate under the circumstances in meeting its obligations under the PDPA...
Generally, an organisation is required to provide the individual access to personal data requested, unless the request falls within one of the prohibitions...
Generally, an organisation is required to provide for access requests...
Organisations should provide a copy of the CCTV footage and have the option of charging the individual a reasonable fee for providing the copy...
The Commission’s view is that, depending on the specific facts and circumstances, compromising an organisation’s security arrangements or harming an organisation’s...
Yes. It would be reasonable for certain groups of individuals...
No. The PDPA does not require an organisation to delete personal data upon request from an individual...
The PDPA does not prescribe any minimum resolution...
The PDPA does not prohibit this. However, such a contract would not override any rights or obligations under the PDPA...
The PDPA does not specify the format of the personal data to be provided in relation to an access request made by an individual...
“Video masking” of images refers to the process of concealing parts of the video from view...
Increasingly, organisations are making use of drones that may be equipped with photography, video and/or audio recording capabilities...
Organisations will need to consider whether the drones they deploy are likely to capture personal data of individuals...
Among other obligations, the Data Protection Provisions require organisations to inform individuals of the purposes for which their personal data will be collected...
The Commission would encourage organisations to ensure that they adhere to the pre-determined flight path of drones and adopt policies...